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Dad and sons deny raping foster child, 12
Published on: Wednesday, May 23, 2018

Kota Kinabalu: A father and his two sons who allegedly raped a foster child of the family, denied the charge against them, Tuesday.

The trio made the plea before Sessions Court Judge Noor Hafizah Mohd Salim after the charge was read to them, respectively.

The 57-year-old man who is a self-employed, is accused of raping the 12-year-old girl at 4pm in early April 2017 at a house in a village in Papar.

Meanwhile, the man's sons aged 35 and 18, allegedly raped the same girl at the same place between March and April 2017.

They were separately charged under Section 376 (2)(d) of the Penal Code, which provides for a jail term of between five and 30 years and whipping, on conviction.

The court set June 5 for case management and would be tried separately on Oct 1-4 for the father, Oct 15-18 for first son and Oct 8-11 for the second son.

Pending the date, all of them were ordered remanded further following objection by the prosecution.

Earlier, Deputy Public Prosecutor Dinesh Raja objected to bail on the grounds that the case was a serious offence involved a minor who was the foster child of the family.

Dinesh told the court that the alleged victim had given birth to a baby as a result of the rape.

In asking for bail to be granted, counsel Farazwin Haxdy who stood in for counsel Luke Ressa Balang, told the court that the father was the sole breadwinner of his family and has six children to look after.

She also added that the 35-year-old accused had married with two children while the 18-year-old is still studying.

According to Farazwin, the girl has no direct blood relationship with all the accused as she was only a foster child of the family and that they were not living in the same house or staying nearby her. - Cynthia D Baga

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